Naftogaz claims over Crimea threaten serious consequences

24.02.2016

Naftogaz has put forward the Russian official claims about the assets in the Crimea that had previously belonged to the Ukrainian gas company. Curiously, Kyiv has left the legal formulation of his claim for two years. Possible legal consequences for the Russian budget clearly should not be underestimated.

Naftogaz has initiated talks with Russia on resolving the dispute because of the group’s investment in Crimea. In case of failure, Naftogaz intends to go to court.

In Crimea there are no assets of “Naftogaz of Ukraine”, in turn declared RSN the head of the Republic Sergey Aksenov. “The first time I heard. From 16 March (2014) in Crimea of Ukrainian assets there. Naftogaz especially. Nothing to discuss about. This is their own business, they can consider anything. Let him go to Brussels,” – said the head of the region.

Ukrainian gas company is almost the only one that did not go at once to court, and attempted to peacefully negotiate.

Six Ukrainian companies – “PrivatBank”, “Ukrnafta”, the airport “Belbek”, Stabil, Everest Estate and Oschadbank – at the end of January, filed lawsuits in the arbitration court in the Hague in the hope to win back the losses due to the loss of assets in Crimea, told the Deputy Minister of foreign Affairs of Ukraine on European integration Elena serkal. However, courtesy of Naftogaz, probably not more than a formality. This is probably a clever move on the negotiations it will be possible to probe the arguments of the Russian Federation and on this basis to adjust the claim in the lawsuit.

This approach of the Ukrainian company, most likely, was inspired by American lawyers Covington & Burling LLP, which Naftogaz has hired since January 1 of this year at 1.25 million dollars. In justification of procurement indicated that Americans will help in a dispute related to the loss of or inability to use the property on the territory of Crimea and Sevastopol, as well as property in marine waters and continental shelf around the Peninsula.

“Based on mutual commitment, the parties will go to court settlement. Ukraine understands that the letter in this situation is just a formality, because what this country needs is not a resolution, and international litigation. Russia will not go to pre-trial settlement for their own reasons – Crimea belongs to Russia, and that’s it. Point”, – says the newspaper VIEW managing partner of law and accounting firms “SBP” Gin-Kira Barisyavichene.